Dyan LaBelle v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
On January 6, 2021, Dyan LaBelle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
LaBelle was entitled to compensation. The respondent agreed that Ms.
LaBelle met the criteria for a Table injury, specifically a SIRVA, and satisfied the statutory requirements for compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on June 16, 2022, finding Ms. LaBelle entitled to compensation.
Subsequently, on September 13, 2022, the respondent filed a proffer on the award of compensation. On September 13, 2022, Chief Special Master Corcoran issued a decision awarding Ms.
LaBelle a total of $63,527.78. This award consisted of $62,500.00 for pain and suffering and $1,027.78 for unreimbursed medical expenses.
The award was to be paid as a lump sum check payable to Ms. LaBelle.
Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, later Kraus Law Group, LLC.
Respondent was represented by Jennifer A. Shah of the U.S.
Department of Justice.